Terms and conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OUR WEBSITE OR SOFTWARE
APPLICATION YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT
ACCEPT THESE TERMS OF USE THEN YOU MUST NOT ACCESS OR USE OUR WEBSITE OR
SOFTWARE APPLICATION.
1. Introduction.
This website located at www.kbro.com.au (“Kbro Site”) and the software application (“Kbro App”) for
matching Users’ transport requirements as described on the Kbro Site are provided by Kbro Apps PTY LTD
ABN-14 632 089 457 (“we”, “our” or “us”). These terms of use (“Kbro Terms of Use”) apply to your access
to and use of the Kbro Site and Kbro App. These Kbro Terms of Use are deemed to incorporate our Privacy
Policy and any other terms and conditions, notices, disclaimers and policies displayed, posted or available on
or through the Kbro Site or Kbro App. All personal information that you provide to us will be handled in
accordance with our Privacy Policy.
By accessing or using the Kbro Site or Kbro App you accept and agree to be bound by with these Kbro
Terms of Use. It is important that you understand these Kbro Terms of Use. You can find our Privacy Policy
and the other terms and conditions, notices, disclaimers and policies incorporated into these Kbro Terms of
Use here. You are responsible for ensuring that you regularly review these Kbro Terms of Use. If you have
any questions about these Kbro Terms of Use, please contact us at support@kbro.com.au or via the Contact
Developer button on the My Profile page.
These Kbro Terms of Use take effect on and from the Last Updated date; 2 February 2018.
2. Definitions. In these Kbro Terms of Use:
Kbro means Kbro Apps PTY LTD ABN-14 632 089 457.
Kbro App has the meaning given to this term in clause 1 above.
Kbro Material means all information, documents, logos, graphics, images, photographs, videos and other
material displayed, posted or available on or through the Kbro Site or Kbro App.
Kbro Service means the service for matching Users’ transport requirements provided by Kbro.
Kbro Site has the meaning given to this term in clause 1 above.
Kbro Terms of Use has the meaning given to this term in clause 1 above.
Privacy Policy means the current version of the Kbro Privacy Policy as published on the Kbro Site.
User means any person who accesses or uses the Kbro Site or Kbro App.
3. Use of Kbro Material. You acknowledge and agree that:
(i) the Kbro Material is general in nature and made available to you to use for your personal and
commercial transport use only;
(ii) the Kbro Material is not intended to be relied upon for any particular purpose;
(iii) you use any Kbro Material solely at your own risk; and
(iv) the Kbro Material may be changed, modified, altered, removed or updated at any time
without notice to you.
Although we seek to ensure that the Kbro Material is accurate, complete and up-to-date, we do not make
any representation or give any warranty in respect of the Kbro Material including, without limitation, any
representation or warranty that the Kbro Material is accurate, complete or up-to-date. You agree not to
copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in
any form or by any means the Kbro Material except to the extent expressly permitted by these Kbro Terms
of Use.
4. Licence to Use.
Subject to your compliance with these Kbro Terms of Use, we grant to you a non-exclusive, nontransferable, non-sublicensable, revocable licence to use the Kbro Site and Kbro App (including software
made available in connection with the Kbro Site and Kbro App) solely for your own private and commercial
use in accordance with these Kbro Terms of Use. This licence to use the Kbro Site and Kbro App expressly
excludes use for output data manipulation, re-transmission or publication other than directly from the Kbro
Site or Kbro App.
5. Prohibited Conduct.
You agree to use the Kbro Site and Kbro App in accordance with these Kbro Terms of Use and all applicable
laws and regulations. You agree not to breach any applicable law, contract, intellectual property or other
third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using
the Kbro Site and Kbro App. In connection with your use of the Kbro Site and Kbro App you must not:
(i) publish any misleading or untruthful information;
(ii) use the Kbro Site or Kbro App for any illegal purpose;
(iii) engage in harassing, threatening, abusing or intimidating, predatory or stalking conduct;
(iv) impersonate another person or log onto another account which you are not authorised to
access;
(v) use or attempt to use another User’s account without prior authorisation from that from that
User and Kbro
(vi) use the Kbro Site or Kbro App in a manner that could interfere with, disrupt, negatively affect
or inhibit other Users from lawfully enjoying use of the Kbro Site or Kbro App or that could damage, disable,
disrupt, or impair the functioning of the Kbro Site or Kbro App in any manner, including with respect to
Kbro’s network or network security;
(vii) interfere or attempt to interfere with the Kbro Site or Kbro App or any User, host or network,
including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited email,
messages, promotions or advertisements;
(viii) reverse engineer, decompile or disassemble any aspect of the Kbro Site or Kbro App or do
anything that might discover source code or otherwise attempt to derive source code from any part of the
Kbro Site or Kbro App or bypass or circumvent measures employed to prevent or limit access to any part of
the Kbro Site or Kbro App;
(ix) develop or use any third-party app or apps or software that interacts with the Kbro Site or
Kbro App without our prior written consent including, without limitation, any scripts designed to scrape or
extract data from the Kbro Site or Kbro App; or
(x) use the Kbro Site or Kbro App in any way that may damage or adversely affect our reputation
or goodwill or the reputation or goodwill of other Users of the Kbro Site or Kbro App.
6. Links to the Kbro Site.
You may link to the Kbro Site provided that the link accurately indicates that it is to the Kbro Site and we
have not requested you to remove the link where we have determined in our sole discretion that it is
misleading or otherwise inappropriate. If you do not immediately comply with a request by us to remove a
link to the Kbro Site then you irrevocably and unconditionally agree to indemnify us against any and all
costs, charges or expenses (including, without limitation, legal costs on a full indemnity basis) that we incur
in having any such link removed.
7. Ownership of Intellectual Property Rights in Kbro Material.
You acknowledge and agree that Kbro is the owner or licensee of all intellectual property rights (including,
without limitation, copyright and trade mark rights) in the Kbro Site, Kbro App and Kbro Material. You agree
that you will not download, copy, reproduce, transmit, store, sell or distribute any Kbro Material without our
prior written consent except for your personal and commercial transport use only.
8. Copyright and User Generated Content.
You grant us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, world-wide licence
(including the right to sub-licence) to use, copy, modify, display, distribute and communicate to the public
for any purpose relating to the Kbro Site or Kbro App (including, without limitation, use on social media
platforms for promotional purposes) any data, information, content, suggestions, ideas or feedback which
you share, post or make available to us in connection with the Kbro Site or Kbro App.
9. Payment and Contact Details.
The fees and charges specified on the Kbro Site and in the Kbro App are shown in Australian dollars and
include any applicable goods and services tax unless otherwise specified. You agree to pay us the fees and
charges specified on the Kbro Site and in the Kbro App for the use of the Kbro Service including, without
limitation, fees and charges for the release of User contact information for database entries with matching
transport requirements. By submitting a transport offer or request (in any form) to Kbro you expressly
consent to the release of your contact information by Kbro to any third-party party for the purposes of the
transport offer or request.
10. Disclaimer.
Kbro endeavours to provide the best service we can, but you acknowledge and agree that the Kbro Site and
Kbro App are provided on “as is” and “as available” basis without any express or implied warranty or
condition of any kind. You agree that you use the Kbro Site and Kbro App solely at your own risk. To the
fullest extent permitted by applicable law, Kbro and its officers, employees, agents and contractors make no
representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for
a particular purpose, and non-infringement of third-party party rights. Neither Kbro nor any of its officers,
employees, agents or contractors warrant that the Kbro Site or Kbro App will be free of malware or other
harmful components. In addition, Kbro and its officers, employees, agents and contractors make no
representation nor do they warrant, endorse, guarantee, or assume responsibility for any third-party party
applications (or the content thereof), user content or any other product or service advertised or offered by a
third-party party on or through the Kbro Site or Kbro App or any hyperlinked website or features in any
banner or other advertising. You acknowledge and agree that Kbro and its officers, employees, agents and
contractors are not responsible or liable for any transaction between you and any third-party provider of any
third-party application or product or service. As with any purchase of a product or service through any
medium or in any environment, you should use your judgement and exercise caution where appropriate. No
advice or information whether oral or in writing obtained by you from Kbro shall create any warranty on
behalf of Kbro or its officers, employees, agents or contractors in this regard. Where any condition or
warranty is implied (whether by any law or otherwise) in these Kbro Terms of Use which cannot lawfully be
excluded then the liability of Kbro and its officers, employees, agents and contractors for any breach of such
condition or warranty will be limited to the fullest extent permitted by applicable law.
11. Liability Exclusion.
To the fullest extent permitted by applicable law Kbro and its officers, employees, agents and contractors
will have no liability (whether in contract, in tort, under statute or in any other way and whether due to
negligence or any other cause) to you for or in respect of any and all claims, actions, demands, proceedings,
losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without
limitation, consequential, special or indirect losses, damages, costs, charges, expenses or liabilities) directly
or indirectly arising out of or in connection with:
(i) your access to, or inability to access, the Kbro Site, Kbro App or Kbro Material;
(ii) your use of, or inability to use, the Kbro Site, Kbro App or Kbro Material;
(iii) the conduct or information, data or content of other Users or third-party parties that you
contact on or through the Kbro Site or Kbro App; or
(iv) unauthorised access to, or use or alteration of information, data or content which you share,
post or make available in connection with the Kbro Site or Kbro App.
To the fullest extent permitted by applicable law, in no event will the aggregate liability of Kbro and its
officers, employees, agents and contractors to you for all claims arising out of or in connection with the Kbro
Site, Kbro App or Kbro Material exceed $100.
12. Indemnity.
To the fullest extent permitted by applicable law you irrevocably and unconditionally agree to indemnify
Kbro and its officers, employees, agents and contractors from and against any and all claims, actions,
demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature
whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising
out of, or in connection with:
(i) any breach by you of these Kbro Terms of Use;
(ii) your use of the Kbro Site, Kbro App or Kbro Material; or
(iii) your infringement of the rights of any other User.
You acknowledge and agree that it is not necessary for us to incur any cost or expense or make any
payment before enforcing a right of indemnity under these Kbro Terms of Use.
13. Kbro right to Terminate, Suspend and Restrict Accounts.
We reserve the right to do any or all of the following in relation to your account:
(i) terminate, suspend or restrict your account without notice if you breach any of these Kbro
Terms of Use or infringe the rights of any other User;
(ii) permanently or temporarily hide all or part of your member profile;
(iii) modify your member profile;
(iv) permanently or temporarily block your access to all or part of the Kbro Site or Kbro App; and
(v) deactivate your account if you have not used the Kbro Service for a period of 12 months or
more (from the date of last use).
14. User Can Cancel/Terminate an Account.
You may terminate your Kbro account for any reason by providing notice of termination to us. You can only
provide notice of termination to us by:
(i) selecting ‘Cancel Kbro Account’ on the Kbro App Profile page;
(ii) selecting ‘Report Issue / Contact Developer’ on the Kbro App and providing written
cancellation advice; or
(iii) emailing us via the ‘Report Issue’ website link on the Kbro Site or providing written
cancellation advice to support@kbro.co.
15. Termination of Kbro Terms of Use.
If these Kbro Terms of Use are terminated for any reason then any provision of these Kbro Terms of Use
which is capable of having effect after such termination will survive and remain in full force and effect
following such termination. You acknowledge and agree that the termination of these Kbro Terms of Use for
any reason does not extinguish or otherwise affect any of our accrued rights or remedies under these Kbro
Terms of Use.
16. Right to Update or Modify Terms of Use.
Kbro may make changes to these Kbro Terms of Use from time to time. If we make changes, we will make
available the amended Kbro Terms of Use on the Kbro Site and within the Kbro App and update the “Last
Updated” date. We may also attempt to notify you by sending an email notification to the address
associated with your account or providing notice through the Kbro App. Unless otherwise specified in the
notice, the amended Kbro Terms of Use will be effective immediately and your continued access to and use
of the Kbro Site or Kbro App will confirm your acceptance of the changes to these Kbro Terms of Use. If you
do not agree to the amended Kbro Terms of Use then you must immediately discontinue your use of the
Kbro Site and Kbro App and terminate any account in accordance with these Kbro Terms of Use.
17. Assignment and transfer.
You may not assign or otherwise transfer any of your rights or obligations under these Kbro Terms of Use.
We may at any time by notifying you:
(i) assign or otherwise transfer our rights and obligations under these Kbro Terms of Use to a
purchaser of all or part of the Kbro Site, Kbro App or our business; and
(ii) provide to that purchaser any or all data, information, content, suggestions, ideas and
feedback which you have shared, posted or made available to us in connection with the Kbro Site or Kbro
App including, without limitation, personal information.
18. Waiver and severability.
Any failure by us to exercise any right or remedy under these Kbro Terms of Use will not constitute a waiver
of that right or remedy or any other right or remedy. If any provision of these Kbro Terms of Use is invalid
or unenforceable for any reason then that provision will be deemed to be severed from these Kbro Terms of
Use without affecting the validity of the remaining provisions.
19. Governing Law and Jurisdiction.
These Kbro Terms of Use are governed by and construed in accordance with the laws of the State of
Victoria, Australia. The courts of the State of Victoria, Australia will have exclusive jurisdiction in respect of
any dispute arising out of or in connection with these Kbro Terms of Use.
You acknowledge and agree that we do not make any representation or give any warranty that the Kbro Site
or Kbro App or the use of the Kbro Site or Kbro App complies with the laws of any country outside Australia.
If you access the Kbro Site or Kbro App from a country outside Australia then you are solely responsible for
complying with the laws of that country.
20. Privacy Policy.
Your privacy matters to us. You can learn how we handle your personal information when you use the Kbro
Site or Kbro App by reading our Privacy Policy. We encourage you to carefully read our Privacy Policy
because, by accessing or using the Kbro Site or Kbro App, you agree that Kbro can collect, use, share and
otherwise handle your personal information in accordance with our Privacy Policy. You must not provide us
with any personal information about another person for any purpose unless you have obtained the person’s
express consent and notified the person of the details required by all applicable privacy laws.

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